As used in this chapter, the following terms shall have the meanings
indicated:
COST
All reasonable and necessary expenses that are incurred by the City
of South Pasadena as a direct result of the hazardous materials emergency
response, including but not limited to the following:
A.
Emergency response, incident assessment, control, containment and abatement
of a hazardous materials incident, to include costs associated with transportation
and temporary storage of hazardous materials if such transportation and temporary
storage is necessary to control and contain the hazardous materials incident.
B.
Ensuring the safety of the public, both on and off the site of the hazardous
materials incident.
C.
Repairing or replacing equipment if said equipment was damaged or destroyed
as a direct result of the hazardous materials incident.
D.
Equipment, including rental equipment, utilized by the City of South
Pasadena to the extent such labor and equipment is necessary for emergency
response, incident assessment, control, containment and abatement of the immediate
hazard.
E.
Contract labor and equipment utilized by the City of South Pasadena
for emergency response, incident assessment, control, containment and abatement
of the immediate hazard.
F.
Overtime costs for compensation of City of South Pasadena employees
for the time devoted specifically to the hazardous materials incident.
G.
Labor and equipment utilized by the City of South Pasadena via a mutual-aid
agreement for emergency response, incident assessment, control, containment
and abatement of the immediate hazard.
H.
Disposable materials and supplies consumed and expended as a result
of the hazardous materials incident, including but not limited to absorbents,
foams, neutralization agents, overpack drums or containers.
I.
Decontamination of equipment that is contaminated during the hazardous
materials incident.
J.
Laboratory costs for purposes of analyzing samples taken during the
release.
EMERGENCY RESPONSE
The provision of authorized assistance during and following a hazardous
material incident and to reduce the likelihood of secondary damage and may
include incident assessment, control, containment and abatement of the immediate
hazard.
HAZARDOUS MATERIAL
A substance or material that the United States Secretary of Transportation
has determined is capable of posing an unreasonable risk to health, safety
and property when transported in commerce, and has designated as hazardous
under Section 5103 of the federal Hazardous Materials Transportation Law (49
U.S.C. § 5103). The term includes hazardous substances, hazardous
wastes, marine pollutants, elevated temperature materials, materials designated
as hazardous in the Hazardous Materials Table (see 49 CFR 172.101), and materials
that meet the defining criteria for hazard classes and divisions in 49 CFR
173.
HAZARDOUS MATERIAL INCIDENT
An actual or threatened release of a hazardous substance or material,
including hazardous waste, which poses an imminent threat to the environment
and/or to the health, safety or welfare of the population and requires emergency
response, incident assessment, control, containment and abatement of the immediate
hazard.
PERSON
An individual, firm, corporation, association, partnership, commercial
entity, consortium, joint venture, governmental entity, or any other legal
entity.
RELEASE
The accidental or intentional, sudden or gradual spilling, leaking,
pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching,
dumping or disposing into the environment (including the abandonment or discarding
of barrels, containers and other receptacles containing any hazardous material
or substance or waste or pollutant or contaminant) whether such release occurs
from a fixed facility or while the materials are being transported.
RESPONDER
Any person authorized to participate in South Pasadena's coordinated
emergency response to a hazardous material incident.
RESPONSIBLE PARTY
The person or persons who cause or allow a release of a hazardous
material or substance or who had custody or control of the hazardous material
or substance at the time of such release.
Any responsible party shall be liable for the payment of all reasonable
and necessary costs incurred by the City of South Pasadena or its agents for
emergency response, incident assessment, control, containment and abatement
of the immediate hazard as a direct result of a hazardous material incident.
The authority to recover costs under this chapter shall not include
costs incurred for actual fire suppression service which is normally or usually
provided within the City of South Pasadena by its Fire Department or its authorized
agents.